Mohd. Shahid v. Nazreen Malik

1. This hearing has been conducted through hybrid mode.

2. The present petition has been filed on behalf of the petitioner/defendant under Article 227 of the Constitution of India, 1950, assailing the order dated 02nd August, 2025 passed by the learned Trial Court in Suit No. 179/2013, whereby the right of the petitioner to lead his evidence was closed. The petitioner further impugns the subsequent order dated 08th August, 2025, whereby the application seeking review of the order dated 02nd August, 2025 was also dismissed.

3. Heard. Record perused.

4. Learned Counsel for the petitioner has argued that if one more opportunity is granted to the petitioner to lead his evidence, the petitioner would conclude his evidence. The denial of further opportunity would cause CM(M) 1993/2025 grave prejudice to the case of the petitioner.

5. At the outset, learned Counsel for the respondent has submitted that the respondent has no objection if one more opportunity is granted to the petitioner to lead evidence, subject to payment of heavy costs.

6. Keeping in view the facts and circumstances of the case, this Court is of the opinion that it would be in the interest of justice, if one more opportunity is granted to the petitioner to lead evidence, as the respondent can be compensated with costs. Accordingly, one more opportunity is granted to the petitioner to lead his evidence, subject to payment of costs of Rs. 10,000/- (Rupees Five Thousand Only) to the respondent.

7. It shall be open to the learned Trial Court to record the evidence on the date already fixed or on any other date as may be convenient to the learned Trial Court.

8. The present petition is disposed of in the above said terms. All pending application(s), if any, also stand disposed of.

RAJNEESH KUMAR GUPTA, J APRIL 29, 2026/nd/tp